[Federal Register Volume 80, Number 153 (Monday, August 10, 2015)]
[Notices]
[Pages 47922-47924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19599]


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ENVIRONMENTAL PROTECTION AGENCY


Proposed Partial Consent Decree, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed partial consent decree; request for public 
comment.

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SUMMARY: In accordance with section 113(g) of the Clean Air Act, as 
amended (``CAA'' or the ``Act''), notice is hereby given of a proposed 
partial consent decree to address a lawsuit filed by the Sierra Club in 
the United States District Court for the District of Columbia: Sierra 
Club v. EPA, Civil Action No. 10-cv-1541 (CKK) (D.D.C.) (filed Sept. 
14, 2010). Plaintiff filed a lawsuit alleging that Gina McCarthy, in 
her official capacity as Administrator of the United States 
Environmental Protection Agency (``EPA''), failed to perform duties 
mandated by the CAA to: (1) Promulgate a federal implementation plan 
(``FIP'') for the State of Texas for the 1997 fine particulate matter 
(``PM2.5'') and ozone national ambient air quality standards 
(``NAAQS''); (2) promulgate a FIP for the State of Texas for the 1997 
ozone NAAQS; and (3) take final approval/disapproval action on the 
state implementation plan (``SIP'') that Texas submitted for 
implementation of the

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1997 PM2.5 NAAQS. The proposed partial consent decree would 
establish deadlines for EPA to take certain specified actions.

DATES: Written comments on the proposed partial consent decree must be 
received by September 9, 2015.

ADDRESSES: Submit your comments, identified by Docket ID number OGC-
2015-0544, online at www.regulations.gov (EPA's preferred method); by 
email to [email protected]; by mail to EPA Docket Center, 
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania 
Ave. NW., Washington, DC 20460-0001; or by hand delivery or courier to 
EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW., 
Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday, 
excluding legal holidays. Comments on a disk or CD-ROM should be 
formatted in Word or ASCII file, avoiding the use of special characters 
and any form of encryption, and may be mailed to the mailing address 
above.

FOR FURTHER INFORMATION CONTACT: Stephanie L. Hogan, Air and Radiation 
Law Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; 
telephone: (202) 564-3244; fax number: (202) 564-5603; email address: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the Proposed Partial Consent Decree

    The proposed partial consent decree would partially resolve a 
lawsuit filed by the Sierra Club seeking to compel the Administrator to 
take actions under CAA section 110(c)(1) and (k)(2). The Plaintiff's 
lawsuit alleged that EPA has a mandatory duty to: (1) Promulgate a FIP 
for the State of Texas that meets the requirements of CAA section 
110(a)(2)(D)(i) for the 1997 PM2.5 and ozone NAAQS; (2) 
promulgate a FIP for the State of Texas that meets the requirements of 
CAA Section 110(a)(2) for the 1997 ozone NAAQS; and (3) take final 
approval/disapproval action pursuant to CAA section 110(k)(3) on the 
SIP that Texas submitted for implementation of the 1997 
PM2.5 NAAQS. The proposed partial consent decree would 
resolve the Plaintiff's claim regarding EPA's duty to promulgate a FIP 
that meets the interstate transport requirements of CAA section 
110(a)(2)(D)(i)(I) for the 1997 ozone NAAQS for Texas. Under the terms 
of the proposed partial consent decree, EPA must take proposed action 
no later than September 22, 2015, and final action no later than 
February 22, 2016, with respect to this claim. See the proposed partial 
consent decree for the specific details.
    The proposed partial consent decree does not resolve Plaintiff's 
claim with respect to the interstate transport requirements of CAA 
section 110(a)(2)(D)(i)(I) for the 1997 PM2.5 NAAQS for 
Texas. The court entered a partial consent decree with respect to the 
other claims at issue in the case on November 28, 2011.
    On July 28, 2015, the Court of Appeals for the District of Columbia 
Circuit (D.C. Circuit) issued its opinion in EME Homer City Generation, 
L.P. v. EPA, slip op., No. 11-1302, regarding the Cross-State Air 
Pollution Rule (CSAPR), 76 FR 48,208 (Aug. 8, 2011). In CSAPR, EPA 
determined that the FIP promulgated in that rulemaking to address CAA 
section 110(a)(2)(D)(i)(I) as to Texas with respect to the 1997 ozone 
NAAQS may not be sufficient to address the state's statutory obligation 
under that provision. 76 FR at 48,210 n.3. In EME Homer City, however, 
the court determined, among other things, that the Texas FIP required 
more emission reductions than necessary to address that state's 
obligation pursuant to CAA section 110(a)(2)(D)(i)(I). Slip op. at 19. 
The EPA is still evaluating the impact of that decision on the claims 
raised in the present lawsuit, Sierra Club v. EPA. However, because the 
proposed partial consent decree has been lodged with the court, the EPA 
is issuing the notice required by CAA section 113(g) within the 
timeframe required by the proposed partial consent decree and requests 
comment as to whether the court's decision in EME Homer City should in 
any way affect whether EPA finalizes the partial consent decree or its 
terms.
    For a period of thirty (30) days following the date of publication 
of this notice, the Agency will accept written comments relating to the 
proposed partial consent decree from persons who are not named as 
parties or intervenors to the litigation in question. EPA or the 
Department of Justice may withdraw or withhold consent to the proposed 
partial consent decree if the comments disclose facts or considerations 
that indicate that such consent is inappropriate, improper, inadequate, 
or inconsistent with the requirements of the Act. Unless EPA or the 
Department of Justice determines that consent to this proposed partial 
consent decree should be withdrawn, the terms of the partial consent 
decree will be affirmed.

II. Additional Information About Commenting on the Proposed Partial 
Consent Decree

A. How can I get a copy of the proposed partial consent decree?

    The official public docket for this action (identified by OGC-2015-
0544) contains a copy of the proposed partial consent decree. The 
official public docket is available for public viewing at the Office of 
Environmental Information (OEI) Docket in the EPA Docket Center, EPA 
West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The EPA 
Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., 
Monday through Friday, excluding legal holidays. The telephone number 
for the Public Reading Room is (202) 566-1744, and the telephone number 
for the OEI Docket is (202) 566-1752.
    An electronic version of the public docket is available through 
www.regulations.gov. You may use www.regulations.gov to submit or view 
public comments, access the index listing of the contents of the 
official public docket, and access those documents in the public docket 
that are available electronically. Once in the system, key in the 
appropriate docket identification number then select ``search''.
    It is important to note that EPA's policy is that public comments, 
whether submitted electronically or in paper, will be made available 
for public viewing online at www.regulations.gov without change, unless 
the comment contains copyrighted material, CBI, or other information 
whose disclosure is restricted by statute. Information claimed as CBI 
and other information whose disclosure is restricted by statute is not 
included in the official public docket or in the electronic public 
docket. EPA's policy is that copyrighted material, including 
copyrighted material contained in a public comment, will not be placed 
in EPA's electronic public docket but will be available only in 
printed, paper form in the official public docket. Although not all 
docket materials may be available electronically, you may still access 
any of the publicly available docket materials through the EPA Docket 
Center.

B. How and to whom do I submit comments?

    You may submit comments as provided in the ADDRESSES section. 
Please ensure that your comments are submitted within the specified 
comment period. Comments received after the close of the comment period 
will be

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marked ``late.'' EPA is not required to consider these late comments.
    If you submit an electronic comment, EPA recommends that you 
include your name, mailing address, and an email address or other 
contact information in the body of your comment and with any disk or 
CD-ROM you submit. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. Any identifying or 
contact information provided in the body of a comment will be included 
as part of the comment that is placed in the official public docket, 
and made available in EPA's electronic public docket. If EPA cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comment.
    Use of the www.regulations.gov Web site to submit comments to EPA 
electronically is EPA's preferred method for receiving comments. The 
electronic public docket system is an ``anonymous access'' system, 
which means EPA will not know your identity, email address, or other 
contact information unless you provide it in the body of your comment. 
In contrast to EPA's electronic public docket, EPA's electronic mail 
(email) system is not an ``anonymous access'' system. If you send an 
email comment directly to the Docket without going through 
www.regulations.gov, your email address is automatically captured and 
included as part of the comment that is placed in the official public 
docket, and made available in EPA's electronic public docket.

    Dated: July 31, 2015.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2015-19599 Filed 8-7-15; 8:45 am]
 BILLING CODE 6560-50-P